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AUNE v. CITY OF MANDAN

Civ. No. 8532.

166 N.W.2d 559 (1969)

Barbara AUNE, Plaintiff and Appellant, v. CITY OF MANDAN, a municipal corporation, Defendant and Respondent.

Supreme Court of North Dakota.

March 18, 1969.

Attorney(s) appearing for the Case

William R. Mills, Bismarck, for plaintiff and appellant.

Conmy, Conmy, Rosenberg & Lucas, Bismarck, for defendant and respondent.

PAULSON, Judge.

This matter came before the court on March 4, 1969, upon the respondent's, City of Mandan's, motion to dismiss the appeal. The City's motion is based upon two grounds, namely, that since the undertaking was executed by the appellant, Barbara Aune, and was signed by only one surety, it did not comply with the requirements of § 28-27-09 of the North Dakota Century Code; and, further, that Barbara has failed to perfect the record on appeal and cause...

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